89R24502 RDR-F

By: Paul H.B. No. 3041

Substitute the following for H.B. No. 3041:

By: Perez of El Paso C.S.H.B. No. 3041

A BILL TO BE ENTITLED

AN ACT

relating to measures to support the enrollment of students with a nontraditional secondary education at public institutions of higher education, including eligibility for certain student financial assistance programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 51.803(a-1), (a-2), and (m), Education Code, are amended to read as follows:

(a-1) Beginning with admissions for the 2011-2012 academic year, The University of Texas at Austin is not required to offer admission to applicants who qualify for automatic admission under Subsection (a) in excess of the number required to fill 75 percent of the university's enrollment capacity designated for first-time resident undergraduate students in an academic year. If the number of applicants who qualify for automatic admission to The University of Texas at Austin under Subsection (a) for an academic year exceeds 75 percent of the university's enrollment capacity designated for first-time resident undergraduate students for that academic year, the university may elect to offer admission to those applicants as provided by this subsection and not as otherwise required by Subsection (a). If the university elects to offer admission under this subsection, except as otherwise provided by this subsection for those students who completed a nontraditional secondary education, the university shall offer admission to those applicants by percentile rank according to high school graduating class standing based on grade point average, beginning with the top percentile rank, until the applicants qualified under Subsection (a), including those applicants who completed a nontraditional secondary education as determined below, have been offered admission in the number estimated in good faith by the university as sufficient to fill 75 percent of the university's enrollment capacity designated for first-time resident undergraduate students, except that the university must offer admission to all applicants with the same percentile rank. Notwithstanding Section 51.9241, for the admission under this subsection of those applicants qualified for automatic admission under Subsection (a) who completed a nontraditional secondary education, instead of offering admission to those applicants by high school graduating class percentile rank, the university shall offer admission to those applicants whose score on a standardized test on a college entrance examination meets or exceeds a benchmark test score set by the university for purposes of this subsection. The university shall set the benchmark test score to be used under this subsection for an academic year based on the standardized test scores on a college entrance examination of applicants to the university who completed a nontraditional secondary education and who were offered admission under this subsection in the academic year preceding the academic year by two years and in a manner designed to ensure that the percent of applicants who completed a nontraditional secondary education and who are offered admission under this subsection for an academic year will be the same as the percent of applicants who completed a traditional secondary education and who are offered admission under this subsection for that year. After the applicants qualified for automatic admission under Subsection (a), including those who completed a nontraditional secondary education, have been offered admission under this subsection in the number estimated in good faith as sufficient to fill 75 percent of the designated enrollment capacity described by this subsection, the university shall consider any remaining applicants qualified for automatic admission under Subsection (a) in the same manner as other applicants for admission as first-time undergraduate students in accordance with Section 51.805. In this subsection, "nontraditional secondary education" has the meaning assigned by Section 51.9241.

(a-2) If the number of applicants who apply to a general academic teaching institution during the current academic year for admission in the next academic year and who qualify for automatic admission to a general academic teaching institution under Subsection (a) exceeds 75 percent of the institution's enrollment capacity designated for first-time resident undergraduate students for that next academic year and the institution plans to offer admission under Subsection (a-1) during the next school year, the institution shall, in the manner prescribed by the Texas Education Agency and not later than September 15, provide to each school district, for dissemination of the information to high school junior-level students and their parents, notice of:

(1) which percentile ranks of high school senior-level students who qualify for automatic admission under Subsection (a) are anticipated by the institution to be offered admission under Subsection (a-1) during the next school year; and

(2) what benchmark test score will be used by the institution to offer admission under Subsection (a-1) during the next school year to students who qualify for automatic admission under Subsection (a) and who complete a nontraditional secondary education.

(m) In determining the eligibility for admission under Subsection (a) [this section] of an applicant with a nontraditional secondary education, as defined by Section 51.9241, that does not include a high school graduating class ranking, a general academic teaching institution shall calculate the applicant's class rank in the manner provided by Section 51.9241(d).

SECTION 2. Section 51.9241, Education Code, is amended by amending Subsection (d) and adding Subsection (e) to read as follows:

(d) If an institution of higher education in its undergraduate admission review process sorts applicants by high school graduating class rank, the institution shall assign a class rank to [place] any applicant who presents evidence that the applicant has successfully completed a nontraditional secondary education that does not include a high school graduating class ranking by:

(1) calculating for each class rank of other applicants to the institution the median score on each college entrance examination the institution considers in admissions; and

(2) assigning to the applicant the highest class rank for which the applicant's score on a college entrance examination the institution considers in admissions is at least equal to the median score for that class rank calculated under Subdivision (1) [at the average high school graduating class rank of undergraduate applicants to the institution who have equivalent standardized testing scores as the applicant].

(e) An institution of higher education to which Subsection (d) applies shall post on the institution's Internet website the median score on each college entrance examination the institution considers in admissions calculated for each class rank under Subsection (d)(1) for the preceding admissions cycle.

SECTION 3. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9675 to read as follows:

Sec. 51.9675. EQUAL ACCESS TO DUAL CREDIT COURSES. (a) In this section, "institution of higher education" has the meaning assigned by Section 61.003.

(b) In admitting or enrolling high school students in a dual credit course, an institution of higher education must apply the same criteria and conditions to each student wishing to enroll in the course without regard to whether the student attends a public school or a private or parochial school, including a home school. For purposes of this section, a student who attends a school that is not formally organized as a high school and is at least 16 years of age is considered to be attending a high school.

SECTION 4. Section 56.013, Education Code, is amended to read as follows:

Sec. 56.013. INFORMATION REGARDING FINANCIAL ASSISTANCE FUNDED FROM DESIGNATED TUITION. The Texas Higher Education Coordinating Board shall post on the coordinating board's Internet website and disseminate to each public or accredited private high school in this state information regarding the financial assistance available under this subchapter and shall include information designed to educate high school students and the parents of those students on available opportunities and required preparation with respect to institutions of higher education. The coordinating board shall recommend a method of delivery of the information to parents and students under this section.

SECTION 5. Section 56.304(a), Education Code, is amended to read as follows:

(a) To be eligible initially for a TEXAS grant, a person who graduated from high school before May 1, 2013, must:

(1) be a resident of this state as determined by coordinating board rules;

(2) meet either of the following academic requirements:

(A) be a graduate of a public or accredited private high school, or a graduate who presents evidence of successful completion of a nontraditional secondary education, as defined by Section 51.9241, in this state who graduated not earlier than the 1998-1999 school year and who completed the recommended or advanced high school curriculum established under Section 28.002 or 28.025 or its equivalent; or

(B) have received an associate degree from a public or private institution of higher education not earlier than May 1, 2001;

(3) meet financial need requirements as defined by the coordinating board;

(4) be enrolled in a baccalaureate degree program at an eligible institution;

(5) be enrolled as:

(A) an entering undergraduate student for at least three-fourths of a full course load for an entering undergraduate student, as determined by the coordinating board, not later than the 16th month after the date of the person's graduation from high school; or

(B) an entering student for at least three-fourths of a full course load for an undergraduate student as determined by the coordinating board, not later than the 12th month after the month the person receives an associate degree from a public or private institution of higher education;

(6) have applied for any available financial aid or assistance; and

(7) comply with any additional nonacademic requirement adopted by the coordinating board under this subchapter.

SECTION 6. Section 56.3041(a), Education Code, is amended to read as follows:

(a) To be eligible initially for a TEXAS grant, a person graduating from high school on or after May 1, 2013, and enrolling in an eligible institution must:

(1) be a resident of this state as determined by coordinating board rules;

(2) meet the academic requirements prescribed by Paragraph (A), (B), (C), or (D) as follows:

(A) be a graduate of a public or accredited private high school, or a graduate who presents evidence of successful completion of a nontraditional secondary education, as defined by Section 51.9241, in this state who completed the foundation high school program established under Section 28.025 or its equivalent and have accomplished any two or more of the following:

(i) successful completion of the course requirements of the international baccalaureate diploma program or earning of the equivalent of at least 12 semester credit hours of college credit in high school through courses described in Sections 28.009(a)(1), (2), and (3);

(ii) satisfaction of the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the coordinating board under Section 51.334 on any assessment instrument designated by the coordinating board under that section or qualification for an exemption as described by Section 51.338(b), (c), or (d);

(iii) graduation in the top one-third of the person's high school graduating class or graduation from high school with a grade point average of at least 3.0 on a four-point scale or the equivalent; or

(iv) completion for high school credit of at least one advanced mathematics course following the successful completion of an Algebra II course or at least one advanced career and technical or technology applications course;

(B) have received an associate degree from a public or private institution of higher education;

(C) be an undergraduate student who has:

(i) previously attended another institution of higher education;

(ii) received an initial Texas Educational Opportunity Grant under Subchapter P for the 2014 fall semester or a subsequent academic term;

(iii) completed at least 24 semester credit hours at any institution or institutions of higher education; and

(iv) earned an overall grade point average of at least 2.5 on a four-point scale or the equivalent on all course work previously attempted; or

(D) if sufficient money is available, meet the eligibility criteria described by Section 56.304(a)(2)(A);

(3) meet financial need requirements established by the coordinating board;

(4) be enrolled in an undergraduate degree or certificate program at an eligible institution;

(5) except as provided under rules adopted under Section 56.304(h), be enrolled as:

(A) an entering undergraduate student for at least three-fourths of a full course load, as determined by the coordinating board, not later than the 16th month after the calendar month in which the person graduated from high school;

(B) an entering undergraduate student who entered military service not later than the first anniversary of the date the person graduated from high school and who enrolled for at least three-fourths of a full course load, as determined by the coordinating board, at the eligible institution not later than 12 months after being honorably discharged from military service;

(C) a continuing undergraduate student for at least three-fourths of a full course load, as determined by the coordinating board, not later than the 12th month after the calendar month in which the person received an associate degree from a public or private institution of higher education; or

(D) an undergraduate student described by Subdivision (2)(C) who has never previously received a TEXAS grant;

(6) have applied for any available financial aid or assistance; and

(7) comply with any additional nonacademic requirements adopted by the coordinating board under this subchapter.

SECTION 7. Sections 56.308(a) and (d), Education Code, are amended to read as follows:

(a) The coordinating board shall post on the coordinating board's Internet website and distribute to each eligible institution and to each school district a copy of the rules adopted under this subchapter.

(d) In addition to the eligibility requirements of Section 56.304, a person who graduated from an accredited private high school or who presents evidence of successful completion of a nontraditional secondary education, as defined by Section 51.9241, is eligible to receive a grant under this subchapter only if the student's official transcript or diploma includes the information required as provided by Subsections (b)(2)(A) and (c).

SECTION 8. Section 56.484, Education Code, is amended to read as follows:

Sec. 56.484. INITIAL ELIGIBILITY FOR SCHOLARSHIP. (a) To be eligible for a scholarship under this subchapter, a student must:

(1) have graduated from a public or accredited private high school, or be a graduate who presents evidence of successful completion of a nontraditional secondary education, as defined by Section 51.9241, in this state while ranked in the top 10 percent or as the valedictorian of the student's graduating class, subject to Section 56.487(b);

(2) have completed the recommended or advanced high school curriculum established under Section 28.025 or its equivalent;

(3) have applied for admission as a first-time freshman student for the 2010-2011 academic year or a subsequent academic year to an institution of higher education that has elected to offer admissions for that academic year to applicants as provided by Section 51.803(a-1);

(4) enroll as a first-time freshman student in an institution of higher education not later than the 16th month after the date of the student's high school graduation;

(5) have been awarded a TEXAS grant under Subchapter M for the same semester or other academic term for which the scholarship will be awarded;

(6) be a Texas resident under Section 54.052; and

(7) comply with any other eligibility requirements established by coordinating board rule.

(b) For purposes of Subsection (a)(1), the class rank of a student who presents evidence of successful completion of a nontraditional secondary education shall be calculated in the manner provided by Section 51.9241(d)(1).

SECTION 9. The changes in law made by this Act to Sections 51.803 and 51.9241, Education Code, apply beginning with admissions to a public institution of higher education for the 2026 fall semester. Admissions to a public institution of higher education for a term or semester before the 2026 fall semester are governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 10. Section 51.9675, Education Code, as added by this Act, applies beginning with admissions or enrollment in a dual credit course at a public institution of higher education for the 2026 fall semester. Admissions or enrollment in a dual credit course at a public institution of higher education for a term or semester before the 2026 fall semester is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 11. The changes in law made by this Act to Chapter 56, Education Code, apply beginning with student financial assistance awarded by a public institution of higher education for the 2026 fall semester. Student financial assistance awarded by a public institution of higher education for a term or semester before the 2026 fall semester is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 12. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.